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JOINT CIRCULAR No

JOINT CIRCULAR No. 01/2001/TTLT-BNG-TCBD OF SEPTEMBER 26, 2001 GUIDING THE BROADCASTING OF IMAGES ABROAD BY FOREIGN CORRESPONDENTS IN VIETNAM THROUGH THE PUBLIC TELECOMMUNICATIONS NETWORK

Pursuant to Decree No. 67/CP of October 31, 1996 of the Government issuing the Regulation on information and press activities of foreign correspondents, agencies and organizations in Vietnam;

Pursuant to Decree No. 109/1997/ND-CP of November 12, 1997 of the Government on post and telecommunications;

The Ministry for Foreign Affairs and the General Department of Post and Telecommunications provide the following guidance on the broadcasting of images abroad by foreign correspondents in their professional press activities in Vietnam:

I. GENERAL PROVISIONS

1. This Circular guides the broadcasting abroad of images by foreign correspondents in their professional press activities in Vietnam through the public telecommunications network.

2. The Ministry for Foreign Affairs performs the function of State management over professional press activities of foreign correspondents in the whole country.

3. The General Department of Post and Telecommunications performs the function of State management over the activities of supplying and using the service of broadcasting images abroad in the whole country.

4. Organizations and individuals are not allowed to misuse the broadcasting of images abroad to oppose the State of the Socialist Republic of Vietnam, sow national hatred, incite violence and undermine the fine traditions and customs of the Vietnamese nation.

5. The broadcasting of images abroad by foreign correspondents in Vietnam must comply with current regulations of Vietnamese law and international treaties which Vietnam has signed or acceded to.

6. The following terms in this Circular shall be construed as follows:

a/ Foreign correspondents are professional journalists who are working as correspondents of foreign press agencies or free-lance journalists conducting professional press activities in Vietnam.

b/ Professional press activities of foreign correspondents in Vietnam are activities in making topical films, taking press photographs, conducting interviews, making video tapes, visiting localities and establishments.

c/ The agency managing foreign correspondents on the Vietnamese territory is the Information and Press Department of the Ministry for Foreign Affairs authorized by the Ministry for Foreign Affairs to perform the function of managing and issuing permits to the professional press activities of foreign correspondents, hereunder called the correspondent managing agency for short.

d/ The agency guiding the professional press activities of foreign correspondents on the Vietnamese territory is the specialized agency authorized by the Ministry for Foreign Affairs to guide foreign correspondents in their professional press activities in Vietnam, hereunder called the correspondent guiding agency for short.

e/ The enterprises providing the service of broadcasting images abroad are those obtaining permission from the General Department of Post and Telecommunications to provide the service of broadcasting images abroad, hereunder called enterprises for short.

f/ Transaction office is the place designated by an enterprise to conduct transactions and sign contracts on providing the service of broadcasting images abroad between the foreign correspondent and the enterprise.

g/ Broadcasting place is the place where enterprises install their telecommunications equipment to broadcast images abroad under contracts signed with foreign correspondents, hereunder called broadcasting place for short.

II. SPECIFIC PROVISIONS

1. A foreign correspondent who wishes to broadcast images abroad has to file an application for permit to broadcast images abroad to the correspondent managing agency. The application must specify the name of the correspondent, the name of the agency, the contents of the news or images and the time of broadcast. The correspondent managing agency shall consider whether to grant or refuse to grant the permit within three working days after receiving the permit application. The permit issued to the foreign correspondent by the correspondent managing agency must specify the name of the correspondent, the name of his/her agency, the contents of the news or images to be broadcast, and the time limit of the permit.

In case of refusal to grant permit, the correspondent managing agency shall reply in writing to the correspondent, justifying the reason for refusal within two working days after receiving the permit application.

2. In cases where a foreign correspondent wants to amend, supplement or extend the permit, he/she shall have to send an application stating the reason therefor and a copy of the effective permit to the correspondent managing agency. The correspondent managing agency shall consider the granting of permit within two working days after receiving the permit application.

In cases where it refuses to grant the permit, the correspondent managing agency shall reply in writing to the foreign correspondent, justifying the reason for the refusal within two working days after receiving the valid dossier.

3. The broadcasting of images abroad shall be conducted under the contract signed between the foreign correspondent and the enterprise. When signing the contract and registering the broadcasting time schedule with the enterprise at the transaction office, the foreign correspondent has to carry along his/her personal passport or the foreign correspondent card issued by the Ministry for Foreign Affairs and the permit to broadcast images abroad issued by the correspondent managing agency.

4. When the broadcasting of images abroad is conducted at broadcasting places in Hanoi and Ho Chi Minh City, the foreign correspondent or the person entrusted by him/her must be present as prescribed by Vietnamese law.

If the broadcasting is conducted in places other than Hanoi and Ho Chi Minh City, the foreign correspondent or the person entrusted by him/her must be present as required by Vietnamese law together with the representative of one of the following units: the correspondent managing agency, the correspondent guiding agency or the local foreign affairs agency.

5. Responsibilities of the correspondent managing agency and the correspondent guiding agency:

a/ The correspondent managing agency is the principal agency responsible for managing, organizing and coordinating with the related ministries and branches in ensuring that the news and images broadcast abroad at the broadcasting places conform with the prescriptions stated in the permit.

b/ The correspondent guiding agency shall have to directly manage and guide the foreign correspondent to conduct the broadcasting of images abroad after permission has been granted by the correspondent managing agency.

c/ In case the broadcasting of images by the foreign correspondent is suspended, the correspondent managing agency shall have to promptly inform the enterprise in writing in order to effect the suspension.

6. Responsibilities of enterprises:

a/ To receive and settle the requests of the foreign correspondents, to conduct procedures with the related international telecommunications organizations, to stand as representatives to settle all costs and charges with the concerned parties.

b/ To inform the correspondent managing agency of the addresses of the transaction offices for the signing of the contracts on broadcasting images abroad.

c/ To ensure the quality of the system of transmission for the provision of services according to the signed contract, except when it has to discontinue the provision of services for plausible objective reasons.

d/ To report to the correspondent managing agency the activities in the broadcasting abroad by foreign correspondents at request of the General Department of Post and Telecommunications.

e/ To coordinate with other units of the Ministry for Foreign Affairs, units of the General Department of Post and Telecommunications and the competent State management agencies in handling violations of provisions of this Circular.

7. Responsibilities of foreign correspondents:

a/ To fill the procedures with the State management agencies in the broadcasting of images abroad as prescribed in this Circular.

b/ To ensure that the broadcasting of images abroad conform to the contents and subjects stated in the permit and take responsibility for the contents of the news and images broadcast through the public telecommunications network.

c/ In case they are suspended from their broadcasting or violate the contract, they shall have to pay the service charges to enterprises according to current provisions of law.

III. INSPECTION AND HANDLING OF VIOLATIONS AND COMPLAINTS

1. The broadcasting of images abroad in Vietnam is subject to inspection by the competent State management agency.

2. All acts of violation of the provisions of this Circular shall be handled according to the current provisions of Vietnamese law.

3. The enterprises and foreign correspondents are entitled to lodge their complaints to the Ministry for Foreign Affairs and the General Department of Post and Telecommunications with regard to questions related to the State managing competence in the broadcasting of images abroad.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing. All earlier guiding documents which are contrary to this Circular are hereby annulled.

2. In the course of implementing this Circular, if any difficulties arise they should be promptly reported to the Ministry for Foreign Affairs and the General Department of Post and Telecommunications for settlement.

General Director of Post and Telecommunications
MAI LIEM TRUC

For the Minister for Foreign Affairs

Standing Vice Minister
NGUYEN DINH BIN